General News: Judge Lifts Restraining Order in VIllage Case
April 04, 2011
By Charlie B. Scirbona
The temporary restraining order preventing the Village of Cornwall-on-Hudson’s board of trustees from paying legal fees to the village’s contested attorney has been lifted.
State Supreme Court judge Elaine Slobod made the decision on Monday during Article 78 proceedings brought against the village by former Mayor Joseph Gross. While this decision frees the new administration to begin paying overdue legal fees to the law firm Tarshis, Catania, Liberth, Mahon and Milligram, the Article 78 proceedings have not been concluded.
Gross had filed the Article 78 to have a judge rule whether the village attorney was a mayoral appointment or a decision of the village board. The trustees mentioned in the suit have claimed that because they choose a law firm over a single lawyer, the position amounts to an outside contractor and is up to the board.
Gross’s attorney, Jonathan Chase, said that what remains to be decided is if the contract that has been the source of conflict over the past year was indeed illegal. If Judge Slobod finds in favor of Gross it puts the village in a position to recover any money paid to the law firm.
The Judge gave both sides until April 27 f to have their motions completely filed. Michael Donnelly, attorney for Village Trustees James Kane, Mark Edsall and former Trustee Douglas Vatter, has completely filed a motion to dismiss the case. However, Chase must amend his motion because of the decision on Monday.
Chase said that while it was possible for the judge to call both parties back into court for arguments it was more likely that the judge will simply render a decision without arguments.
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